In 2021, there were almost 25,750 arrests throughout Canada for possession of illegal drugs. These included illegal possession of cannabis, despite it being legalized and regulated in 2018 through the Cannabis Act, cocaine, methamphetamine, heroin, opioids, and other drugs. The Controlled Drugs and Substances Act defines which drugs or components of drugs are illegal, categorizing these substances according to their danger to human beings.
- Schedule I: these are usually perceived as “hard drugs”: heroin, cocaine, opium, and pharmaceutical-grade drugs like oxycodone and morphine.
- Schedule II: these include synthetic cannabinoid derivatives, and before legalization in 2018, included drugs within the cannabis family. However, these drugs are now governed by the Cannabis Act.
- Schedule III: these include amphetamines and hallucinogens like LSD.
- Schedule IV: these include pharmaceuticals, such as diazepam, benzodiazepine, and anabolic steroids.
The Cannabis Act regulates the possession of marijuana and its derivatives.
In This Article
What is Drug Possession?
It is illegal to have within your control any of the Schedule I-IV listed drugs from the Controlled Drugs and Substances list or to possess cannabis or its derivatives except as defined in the Cannabis Act. Possession includes having a controlled substance in your actual possession, in a place that you own or control, or in the possession of someone over whom you have authority. In addition, having joint possession of illegal drugs with another person is considered possession.
When drug possession is a factor in addiction, you want a skilled Québec City Drug Possession Lawyer to negotiate a dismissal of charges and referral into an Alternative Measures Program.
What are the Possible Consequences of a Drug Possession Charge?
Drug possession is the most common drug offence prosecuted in Canada. The penalties imposed upon conviction or entering a guilty plea depend upon a variety of factors:
- Classification of the drug, with higher penalties for possession of Schedule I drugs
- The quantity which can be used to infer intent to distribute
- Any other evidence of intent to distribute
- Prior criminal record
- Evidence of personal addiction
A first offence might be prosecuted as a summary conviction, which includes a maximum fine of $1000 and/or a maximum jail sentence of 6 months. Any subsequent prosecution might increase a fine to $2000 with a jail sentence of up to one year. Depending on the controlled substance, quantity, and any evidence of intent to distribute, the Crown might decide to indict rather than use a summary conviction. In that case, penalties will be stiffer, with a maximum penalty of seven years in prison.
When drug possession is the result of addiction, a skilled drug possession lawyer will advocate having the possession charge withdrawn, and the defendant enter into the Alternative Measures Program. The purpose of the Alternative Measures Program is to divert offenders into counselling and treatment, with community service rather than a jail or prison sentence. Alternative measures, once successfully completed, will also mean there will be no criminal record, an important benefit to any person. A criminal record can haunt you by interfering with your ability to get a job, lease or buy a home or apartment, secure financing, and travel to the United States. If you are a resident of Québec and not a citizen, you can also have your residency status revoked.
The Importance of Choosing a Skilled Québec City Drug Possession Lawyer
If you have been accused of illegal drug possession, you will be confronted with the formidable authority of the Crown, with its power to subpoena and interrogate witnesses and discover and accumulate evidence. To safeguard your rights in a drug possession case, you will be best served by a defence lawyer who has specific expertise in defending clients in drug-related cases.
You want to hire a lawyer with the skill and experience dealing with the authorities, including the police, who aim to prosecute you. You want to hire a lawyer who has earned the respect of those authorities and can make certain you are treated fairly within our Constitution and Charter of Rights & Freedoms. You want to hire a lawyer who will defend you effectively, who will use extensive experience with police officers and their procedures, sharp negotiating skills, and a comprehensive understanding of drug laws to work on your behalf. In addition, you want a lawyer who knows how to take charge of a courtroom in front of a judge and jury. Québec criminal defence lawyer Patrick Jacques will bring such skill, experience, and confidence to defend your rights.
Building an effective defence requires diligent work reviewing and assessing a great deal of information and developing a strategy to create reasonable doubt about the Crown’s version of events. To provide a strong defence for you, Patrick Jacques will review the evidence against you, the actions of the police and the methods they used to assemble their case against you, and all witness testimony. Then, he will craft an alternate, reasonable account of your case that introduces doubt in the Crown’s version of events.
A credible defence rests on the unique facts of each individual case and usually entails:
- Ensuring authorities have promptly provided all the evidence they have accumulated to defence counsel
- Reviewing police interrogation of witnesses, gathering of evidence, and other activities to make sure there has been no violation of Canadian or provincial law or of our Constitution and Charter of Rights & Freedoms
- Looking for inconsistencies or inaccuracies in witness statements; reviewing DNA evidence, forensics, ballistics, and any other scientific data; and examining photos, written and electronic documents, and other similar evidence
- Looking at witnesses’ backgrounds for information that may invalidate their testimony, such as alcohol or drug impairment or a history of vision problems
- Acquiring new, believable evidence that may question the credibility of the police and witnesses, the Crown plans to call
- Based on all this information, developing an effective strategy that will inject reasonable doubt into the Crown’s case
Why Choose Patrick Jacques as Your Québec City Drug Possession Lawyer
A comprehensive knowledge of drug laws over more than two decades of relevant experience serves as the foundation of Patrick Jacques’ defence of his clients. His skills as a negotiator, investigator, and courtroom defender help protect the interests of his clients accused of illegal drug possession. Patrick Jacques has earned a reputation as an effective and ethical defence lawyer.
If you have been accused of illegal drug possession and need individualized, experienced representation, email or call Patrick Jacques today at 418-880-0694 to arrange for a free consultation.